18.65.049 Unauthorized alterations and enforcement.
(1) When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall immediately and completely be restored prior to resuming development work. The City shall have the authority to issue a stop work order to cease all ongoing development work and order restoration, rehabilitation, or replacement measures at the owner’s or violator’s expense to compensate for violation of provisions of this chapter.
(2) Restoration Plan. All development work shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and approved by the City. The plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsections (2)(a) and (b) of this section. The Director may, at the owner’s or violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision and resubmittal.
(a) For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area:
(i) The historic structural and functional values shall be restored, including water quality and habitat functions;
(ii) The historic soil types and configuration shall be replicated;
(iii) The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and
(iv) Information demonstrating compliance with CMC 18.65.130 (Mitigation and monitoring) shall be submitted to the Director.
(b) For alterations to flood hazard areas and geologically hazardous areas, the following minimum performance standards shall be met for the restoration of critical area:
(i) The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;
(ii) Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
(iii) The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
(3) Minimum performance standards identified in subsections (2)(a) and (b) of this section may be modified if the owner or violator can demonstrate that greater functional and habitat values can be obtained.
(4) Site Investigations. Site investigations necessary to enforce this chapter are authorized pursuant to Chapter 1.30 CMC.
(5) Penalties. Any development carried out contrary to the provisions of this chapter shall constitute a public nuisance and be subject to provisions of Chapter 1.30 CMC. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))